Rules of Professional Conduct Related Ethical Opinions

4.4  Respect for Rights of Others


07-03: Confidentiality; Electronic Communications; Inadvertent Disclosure

While modern electronic communications are often greatly beneficial to the client, lawyers who use them to send or receive documents or other communications on behalf of clients must be aware that they carry certain risks. Lawyers must take reasonable precautions to prevent inadvertent disclosure of confidential information.

Except in the specific circumstances described in this opinion, a lawyer who receives an electronic communication may not examine it for the purpose of discovering the metadata embedded in it.

01-04: Confidentiality; Disclosure; Withdrawal from Representation

This Opinion discusses a lawyer's ethical obligations not to use information obtained by a client in a civil case from documents copied from the records of a potentially adverse party that contain privileged or otherwise confidential information without the consent of opposing counsel or court order. The lawyer also must advise the client to refrain from obtaining other privileged documents and notify opposing counsel of the receipt of the information. [ERs 1.2, 1.6, 1.16, 3.4, 4.1, 4.4, 8.4]

00-05: Communication with Corporate Employees; Communication with Represented Parties; Ex Parte Communications; Communication with Witnesses

A lawyer may interview ex parte a client's employee concerning litigation with the employee's former employer, subject to the limits recognized in Lang v. Superior Court, 170 Ariz. 602, 826 P.2d 1228 (App. 1992). In interviewing an employee in these circumstances, the lawyer must also comply with other applicable ethical rules in addition to ER 4.2, particularly ERs 4.3 and 4.4. [ERs 4.2, 4.3, 4.4]

99-03: Communication with Witnesses; Ex Parte Communications; Physicians

Defense counsel in workers' compensation cases cannot contact the plaintiff's treating physician ex parte, unless, with advance notice, plaintiff expressly and unconditionally authorizes the contact. [ER 4.4]

96-02: Contacting Non-party Witness; Homeowner's Association; Communication with Adverse Parties; Ex Parte Communications

An attorney who is litigating against a homeowner's association may communicate  with general members of the association who are not board members or officers of the association and are not in a position to bind the association, without the prior consent of counsel for the association.  [ERs 4.2, 4.3, 4.4]

93-14: Safeguard Property; Confidences; Tape Recordings

Opinion considers what an attorney should do with a tape recording given to the attorney by a client when the tape is a recording of telephone conversations made by client's spouse to other individuals including the spouse's former attorney in a prior divorce. The tape was not obtained illegally. The opinion concludes that the attorney may review the contents of the tape, with the client's informed consent and the attorney may have a duty to safeguard the tape and must advise the client of limitations on the attorney's conduct. One dissent.

90-02: Dealing with Unrepresented Person; Respect for Rights of Third Persons

Propriety of surreptitiously recording interviews of potential witness in a criminal case.

88-08: Confidentiality; Diligence; Scope of Representation

Necessity of lawyer withdrawing from representation of client who lawyer knows has obtained information by means of surreptitious tape recording. Attorney making use of such information.

87-25: Truthfulness; Unrepresented Persons

Propriety of plaintiff's attorney taking a statement from a person named as a defendant in plaintiff's complaint, but who is unserved and unrepresented by counsel without disclosing to that person her status as a named defendant.